Federal Court Decision #A-182-83 - PERREAULT, PHILIPPE, et al v. COMMISSION, WALSH

JUDGMENT OF THE FEDERAL COURT OF APPEAL

Date:
April 9, 1984

Docket:
A-182-83

Umpire's Decision:
CUB 7856

"TRANSLATION"

CORAM :

PRATTE
LE DAIN
HUGESSEN JJ

BETWEEN :

PHILIPPE PERREAULT et al
(see appendix),

applicants,

-v-

UNEMPLOYMENT INSURANCE COMMISSION,

-and-

A. M. WALSH J,

respondents.

CORRESPONDING FEDERAL COURT DECISION: A-183-83
CORRESPONDING FEDERAL COURT DECISION: A-1052-82

Hearing held at Québec on Wednesday, February 15, 1984.

REASONS FOR JUDGMENT
(Judgment rendered at Ottawa
on Monday, April 9, 1984)

PRATTE J

Applicants are asking the Court to set aside the decision of an umpire on an appeal pursuant to Part V of the Unemployment Insurance Act, 1971.

The arguments which counsel for the applicants made against the decision a quo all assume that s 44(1) of the Unemployment Insurance Act, 1971 is to be taken to mean that the disentitlement it imposes is lifted when the labour dispute on account of which the claimant lost his employment ceases to be the real cause of his unemployment. This interpretation was rejected by the Court when it decided Imbeault et al v Unemployment Insurance Commission (A-181-83): it must be rejected here for the same reasons.

I would therefore dismiss the application of applicants.

Louis Pratte
JFCC

I concur.

Gerald Le Dain J.

I concur.

James K. Hugessen J.